NATIONAL INSURANCE COMPANY LIMITED Vs. PARSHOTAM LAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 4th September, 2010, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, H.P., (hereinafter referred to as "the Tribunal") in M.A.C.P. No. 28-N/II-2008, titled as Purshottam Lal v. Kamal Kishore Sharma and others, whereby compensation to the tune of Rs. 2,94,620/- with interest @ 9% per annum from the date of institution of the petition till deposit of the amount and the costs assessed at Rs. 2000/- came to be awarded in favour of the claimant-injured and against the insurer (hereinafter referred to as "the impugned award") on the grounds taken in the memo of appeal.

(2.) The claimant-injured being victim of the motor vehicular accident, which was caused by the driver, namely Shri. Kamal Kishore, on 18th April, 2007, at about 11.50 a.m., near bridge at Khhajan, while driving the vehicle, Mahindra Pickup, bearing registration No. HP-68-0622, rashly and negligently, hit the same with the motor cycle on which the claimant-injured was travelling as a pillion rider, sustained injuries, was taken to Nurpur hospital, remained bed ridden for three months at Nurpur and for 23 days at Pathankot, filed claim petition before the Tribunal for grant of compensation to the tune of Rs. 4,83,509/- as per the break-ups given in the claim petition.

(3.) The claim petition was resisted by the owner-insured, the driver and the insurer on the grounds taken in the memo of objections.